§ 460jjj-2. — Minerals and mining.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460jjj-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI--JEMEZ NATIONAL RECREATIONAL AREA
Sec. 460jjj-2. Minerals and mining
(a) Limitation on patent issuance
(1) Notwithstanding any other provision of law, no patents shall be
issued after May 30, 1991, for any location or claim made in the
recreation area under the mining laws of the United States.
(2) Notwithstanding any statute of limitations or similar
restriction otherwise applicable, any party claiming to have been
deprived of any property right by enactment of paragraph (1) may file in
the United States Claims Court \1\ a claim against the United States
within 1 year after October 12, 1993, seeking compensation for such
property right. The United States Claims Court \1\ shall have
jurisdiction to render judgment upon any such claim in accordance with
section 1491 of title 28.
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\1\ See Change of Name note below.
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(b) Withdrawal
Subject to valid existing rights, after October 12, 1993, lands
within the recreation area withdrawn from location under the general
mining laws and from the operation of the mineral leasing, geothermal
leasing, and mineral material disposal laws.
(c) Reclamation
No mining activity involving any surface disturbance of lands or
waters within such area, including disturbance through subsidence, shall
be permitted except in accordance with requirements imposed by the
Secretary, including requirements for reasonable reclamation of
disturbed lands to a visual and hydrological condition as close as
practical to their premining condition.
(d) Mining claim validity review
The Secretary of Agriculture shall undertake and complete within 3
years after October 12, 1993, an expedited program to examine all
unpatented mining claims, including those for which a patent application
has been filed, within the recreation area. Upon determination by the
Secretary of Agriculture that the elements of a contest are present, the
Secretary of the Interior shall immediately determine the validity of
such claims. If a claim is determined to be invalid, the Secretary shall
promptly declare the claim to be null and void.
(e) Public purposes
The Secretary may utilize mineral materials from within the
recreation area for public purposes such as maintenance and construction
of roads, trails, and facilities as long as such use is compatible with
the purposes of the recreation area.
(Pub. L. 103-104, Sec. 3, Oct. 12, 1993, 107 Stat. 1028.)
References in Text
The mining laws of the United States, the general mining laws, and
the mineral leasing laws, referred to in subsecs. (a)(1) and (b), are
classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (b), are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
For mineral material disposal laws, referred to in subsec. (b), see
the Materials Act of July 31, 1947, act July 31, 1947, ch. 406, 61 Stat.
681, as amended, which is classified generally to subchapter I (Sec. 601
et seq.) of chapter 15 of Title 30. For complete classification of this
Act to the Code, see Short Title note set out under section 601 of Title
30 and Tables.
Change of Name
References to United States Claims Court deemed to refer to United
States Court of Federal Claims, see section 902(b) of Pub. L. 102-572,
set out as a note under section 171 of Title 28, Judiciary and Judicial
Procedure.
